Section 361.10.16. Motion for rehearing.

Within 20 days after issuance of a final decision, any party may file an application for rehearing. An application for rehearing shall be delivered personally or mailed to the Secretary, Executive Council, State Capitol, Des Moines, Iowa 50319.

       10.16(1) The application shall state the specific grounds for rehearing and the relief sought. Copies of the application shall be timely mailed to all other parties.

       10.16(2) The application shall be deemed denied if not granted within 20 days after delivered personally or mailed to the secretary of the council.

       10.16(3) Upon rehearing, the council shall consider facts not presented in the original proceeding if:

        a.           Such facts arose after the original proceeding concluded;

        b.           The party offering such evidence could not reasonably have provided such evidence at the original proceedings; or

        c.           The party offering the additional evidence was misled by any party as to the necessity for offering such evidence at the original proceeding.

The decision made upon rehearing may incorporate by reference all parts of the decision made upon the conclusion of the original proceeding.